The High Court disposed of a writ petition seeking impleadment and expeditious decision on a stay application regarding an appeal against orders under the UP Urban Planning and Development Act, without adjudicating merits.
Direction to respondent no.4 to decide the stay application within 15 days of receiving the certified copy of this order.
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Court No. - 39
Case :- WRIT - C No. - 9927 of 2019
Petitioner :- Shyam Bihari Respondent :- State Of U P And 2 Others Counsel for Petitioner :- Vashishtha Tiwari Counsel for Respondent :- C.S.C.,Dharmendra Singh Chauhan
Hon'ble B. Amit Sthalekar,J. Hon'ble Dr. Yogendra Kumar Srivastava,J.
Learned counsel for the petitioner is permitted to implead the Chairman, Mathura Vrindavan Development Authority at Agra in the array of respondents as respondent no.4 today itself.
Heard Sri Vashishtha Tiwari, learned counsel for the petitioner, Sri Dharmendra Singh Chauhan, learned counsel for the respondent no.3 and the learned Standing Counsel for the respondents no.1, 2 & 4.
The petitioner has filed an appeal alongwith stay application before the respondent no.2, Commissioner, Agra Division, Agra against orders passed under Section 27 (1) of the Uttar Pradesh Urban Planning and Development Act, 1973. Though the appeal has been admitted but no order has been passed on the stay application.
No useful purpose would be served by keeping this writ petition pending.
This writ petition is, therefore, disposed of with the consent of the learned counsel for the parties with a direction to the respondent no.4, Chairman, Mathura Vrindavan Development Authority at Agra to take a decision on the petitioner's stay application, copy of which has been filed as Annexure-6 to the writ petition expeditiously preferably within a period of 15 days from the date of receipt of a certified copy of this order in his office.
It is made clear that the Court has not adjudicated the claim of the petitioner on merits.
Order Date :- 25.3.2019
N Tiwari
1 provisions across 1 enactments
Shyam Bihari
State Of U P
Commissioner, Agra Division, Agra
Chairman, Mathura Vrindavan Development Authority, Agra
B. Amit Sthalekar
Dr. Yogendra Kumar Srivastava
As recorded by the court registry
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